The Criminal Room of the National Hearing has ordered to impute again in the Villarejo case to the President of Repsol, Antonio Brufau, and the former president of Caixabank, Isidro Fainé, as well as Repsol and CaixaBank as legal entities.
The Court has estimated the resources presented by Anti-Corruption Prosecutor, the Luis Del Rivero employer and we can against the Auto of Judge Manuel García Castellón that last Julio agreed on the research file with respect to them within the separate piece 21 of the tandem case. This piece focuses on the order of the Cenyt group, owned by Commissioner José Manuel Villarejo, around the Covenant of Sacyr with Pemex to control Repsol.
The room leaves the dismissals without effect so that certain diligences are practiced, the accusations consider necessary before resolving on their participation in the alleged crimes of bribery and discovery and disclosure of secrets.
The Court explains that the research has revealed reveals the existence of signs of crime. In particular, that by virtue of the commission that in 2011 did Repsol, to which CaixaBank was added, "were held by said group, in exchange for a price that was paid by the Companies, certain investigations on the now recurring of the Rivero, His wife and people linked to Sacyr, some of which had previously been to Repsol, which included access to data on telephone call traffic and other communications. "
The judge agreed on the file for Brufau, among other arguments, because it does not consist any document or recording that indicated that it was involved in the contracting of CENYT.
However, the room argues that, although that is the case, "there are indications of those who can be detached [...] that the initiative to carry out such hiring, as well as of others aimed at reacting against the Sacyr-Pemex pact, left From Mr. Brufau and that this was informed in detail of the results of the Grupo Cenyt's efforts, any of which carried information hardly obtainable from not having mediated the intervention of public officials ".
The three magistrates analyze the statements in the court of Brufau and those of the then responsible for Safety of Repsol, Rafael Araujo, and conclude that "there are indications that the order to investigate might start from the Repsol Presidency and that the President could be informed of its results. "
Regarding Isidro Fainé, as in the case of Brufau, the Chamber considers that the practiced diligences force them to continue the procedure against it. The car mentions that in its statement aware of having agreed, when speaking with Brufau, in which the security departments of their respective companies collaborate in the Sacyr-Pemex case and that security managers meet to deal with the CENYT group , with which he had already contacted the Repsol Security Director.
In relation to the dismissal of Repsol and CaixaBank, the Chamber considers that there is sufficient indiciary basis to contemplate a possible demand for criminal liability of both companies, so it is appropriate to carry out certain diligences before deciding the conclusion of instruction with respect to these two people Legal
The court notes that the court agreed upon the dismissal based on the fact that both breath and CaixaBank had implemented a model of prevention of crimes, with anti-corruption rules and controls to avoid hiring a public official.
However, in line with the appellants, the Court considers that the instruction can not be terminated, without having practiced before declaration diligences and without having contributed the supporting documentation of the KPGM report provided by Repsol to analyze its prevention model settled down.
The Room includes all the indications provided by the appellants that may indicate that the controls of the prevention plan were not properly applied and therefore necessary the practice of declaration diligences because there are indications of qualifying facts as crimes that can be imputed to legal persons .
Date Of Update: 07 February 2022, 09:06
